McFARLAND v. STATE

Nos. 5D99-2363 to 5D99-2365.

764 So.2d 834 (2000)

John Daniel McFARLAND, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 4, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Barbara C. Davis, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee.


W. SHARP, J.

McFarland appeals from the revocation of his probation and imposition of sentences, following a determination that he committed arson. McFarland argues that there was insufficient non-hearsay evidence to support the revocation of his probation. We agree.

Before a trial court can revoke a defendant's probation, the state must prove by a preponderance of the evidence that the defendant willfully violated a substantial condition of his probation...

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